RASHEED Vs. STATE OF KERALA

JUDGEMENT

(1.) Judgment in S.C.No.262/2021 on the files of the Special Court under the Protection of Children from Sexual Offences (POCSO) Act, 2012 (hereinafter referred to as 'POCSO Act ' for short), Kunnamkulam, is under challenge, at the instance of the sole accused in the above case. The State of Kerala, represented by the Public Prosecutor is the respondent.

(2.) Heard the learned counsel for the appellant/accused and the learned Public Prosecutor in detail. Perused the verdict under challenge and the records placed by the learned Public Prosecutor.

(3.) The prosecution case in brief is that the accused was the Usthad (Teacher) of Noorul Hidaya Madrassa, Mullassery and was residing in building No.XV/288 of Mullassery Grama Panchayat, owned by Sidhiquel Akbar Juma Masjid, which is adjacent to the aforesaid Madrassa. On 25/8/2020 at 4.00 pm, when the survivor, a boy aged 9 years, a student of the Madrassa, reached the room of the accused to clear doubts for the online examination, the accused with sexual intention seated him on his lap, kissed him on his face, touched on his body, held on his penis by putting his hand through the Bermuda and inserted the penis of PW1 into the mouth of the accused and sucked the same. The accused thereby alleged to have committed offences punishable under Sec. 377 of the Indian Penal Code (hereinafter referred to as 'IPC' for short) and Ss. 4(2) r/w. 3(d), 6(1) r/w 5(f), 5(m), 8 r/w. 7, 10 r/w. 9(o) and 9(m) of the POCSO Act and Sec. 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as 'JJ Act' for short).